Experienced Annapolis, Maryland Sexual Harassment Attorney
Serving Employees and Employers in the Annapolis, Columbia, Glen Burnie, Silver Spring, Frederick, Anne Arundel, and Howard County Areas
In the workplace, unwelcome and uninvited conduct or communication of a sexual nature constitutes sexual harassment. Employees who are victims of sexual harassment in Maryland can seek compensation and other remedies under Title VII of the Civil Rights Act of 1964.
Under Title VII of the Civil Rights Act of 1964, sexual harassment is treated as a form of sex discrimination. While employee complaints of sexual harassment were once considered isolated incidents and issues were often downplayed in terms of severity, today, it is recognized as a serious matter that must be treated accordingly by employers of all sizes throughout Maryland.
Having practiced employment law for more than 18 years, Annapolis sexual harassment attorney Joyce E. Smithey and her team provide experienced legal representation for both employers and employees. This includes representing employees in sexual harassment claims, defending employers whose employees have been accused of sexual harassment, and counseling employers on claim prevention. If you believe that your rights under Title VII have been violated as an employee, or if you need experienced, insightful advice and counsel as an employer, contact our Annapolis sexual harassment lawyers for a confidential initial consultation today.
Key Takeaways: Maryland Sexual Abuse And Harassment
Here is what Maryland employees should know about recognizing and reporting sexual harassment at work.
- Sexual harassment is treated as sex discrimination under Title VII, and generally falls into one of three categories: a condition of employment, the basis for an employment decision, or conduct creating a hostile work environment.
- Courts look at all of the facts and circumstances to determine whether conduct was unwelcome, not just whether you objected in the moment.
- Sexual harassment can include physical conduct like unwanted touching or blocking someone’s path, as well as oral or written communications, including emails and messages.
- You don’t need to be certain your situation meets the legal standard before talking to an attorney. Reviewing the facts together is the first step.
Understanding What Constitutes Sexual Harassment in the Workplace in Annapolis, MD
Both the state and federal courts in Maryland generally use the definition of sexual harassment contained in U.S. Equal Employment Opportunity Commission (EEOC) guidelines. The EEOC guidelines state:
“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
- submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment,
- submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals, or
- such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. (29 C.F.R. § 1604.11 [1980])”
You Don’t Have To Handle This Alone
Not Sure If What You Experienced Counts As Harassment? Let’s Talk It Through.
Whether conduct rises to unlawful harassment often depends on all of the facts and circumstances, not just one moment. It’s normal to feel unsure, especially if the person involved has power over you at work. At Smithey Law Group, we’ll listen to your situation with care and help you understand where things stand.
Schedule A Free ConsultationWhen is Conduct or Communication “Unwelcome?”
In many ways, the most important part of the EEOC’s definition is the very first word: “unwelcome.” If conduct or communication of a sexual nature is unwelcome, it is prohibited. If it is welcome or invited, it is not. So, for example, while a romantic relationship between consenting co-workers may violate company policy, it does not rise to the level of unlawful sexual harassment. However, consent to engage in a romantic relationship can be withdrawn. Once consent is withdrawn, any continued romantic or sexual words or actions will not be protected by the past relationship.
When is sexual conduct or communication “unwelcome?” Importantly, the courts have generally concluded that a victim need not say or do anything, in particular, to indicate that an advance is unwelcome. Instead, the courts in Maryland will typically review all of the facts and circumstances involved in order to make a determination as to whether it was reasonably clear to the harasser that the conduct was unwelcome.
This approach is based in large part on the recognition that victims may be afraid to express their concern if either (i) the harasser is their boss, or (ii) the harasser is physically intimidating. Victims may feel coerced into participating in sexual talk or activities because they believe they will be punished or fired if they protest, or they may fear for their safety if they try to resist a physically imposing coworker’s unwelcome advance. If you need experienced and confidential advice for your specific case, call our skilled Annapolis sexual harassment lawyer.
Meet Our Annapolis, Maryland Sexual Harassment Attorney | Joyce Smithey
Joyce Smithey is the founder of Smithey Law Group LLC and a highly respected employment and labor law attorney with more than 25 years of experience representing employers and employees throughout Maryland and the District of Columbia. Her practice focuses exclusively on employment and labor law, including workplace disputes, administrative hearings, state and federal litigation, employee handbooks, and compliance matters. Before founding Smithey Law Group LLC in 2018, she served as an equity partner and Chair of the Labor and Employment Practice Group at Rifkin Weiner Livingston LLC. With extensive legal experience and a strong commitment to protecting clients’ rights and interests, Joyce Smithey provides knowledgeable and strategic representation tailored to each client’s needs.
Not Sure if the Conduct Was Unwelcome? Speak With an Attorney Today
When is Conduct or Communication “Sexual” in Nature in Annapolis, MD?
The EEOC guidelines prohibit unwelcome “sexual” conduct and words or actions “of a sexual nature.” While some forms of sexual harassment will be obvious, others will need to be evaluated on a case-by-case basis. For example, a hug could be either sexual or nonsexual depending on the context. Kissing, pinching, patting, grabbing, blocking the victim’s path, leering, staring, and standing very close to someone may all lean more toward sexual harassment, but again must be evaluated based upon all of the facts and circumstances involved. Communications need to be assessed using a similar analysis, and both oral and written communications (including email) can cross the line.
You Don’t Have To Prove Anything To Start The Conversation.
You don’t need to have it all figured out, or be certain the law was broken, before reaching out. Our employment attorneys will review what happened, walk through the legal standard with you, and help you decide what to do next.
Schedule A Free ConsultationOur Practice Areas in Maryland:
- Discrimination
- Employee Contract and Severance Negotiations
- Employee Defamation
- Equal Pay Act
- FMLA and Medical Leave
- Independent Workplace Investigations
- LGBTQ+ Workplace Discrimination
- Mediation
- Misclassification
- Wage Discrimination
- Wage Issues & Unpaid Wages
- Whistle blower
- Wrongful Termination
Discuss Your Situation with an Annapolis Sexual Harassment Lawyer
If you believe that you may be a victim of sexual harassment in the workplace, or if you are an employer in need of legal representation for a claim or for the development and implementation of a company policy, Annapolis sexual harassment lawyer Joyce E. Smithey and her team are available to assist you. To discuss your situation in confidence, call (410) 919-2990 or request an appointment online today.
Maryland Sexual Abuse And Harassment: Common Questions
Straight answers to what Maryland employees ask most about recognizing and reporting sexual harassment at work.
Sexual harassment is treated as a form of sex discrimination under Title VII. It generally falls into three categories: conduct made a condition of employment, conduct used as the basis for an employment decision, or conduct severe or pervasive enough to create an intimidating, hostile, or offensive work environment.
No. Courts look at all of the facts and circumstances, not just whether you explicitly objected in the moment. It is common for people to stay silent when the harasser is a supervisor or otherwise holds power over them, and that silence does not mean the conduct was welcome.
Physical conduct such as unwanted touching or blocking someone’s path, along with oral or written communications, including emails and messages, can all count as sexual harassment when the conduct is sexual in nature and unwelcome.
An employment attorney can review the details of your situation and help you understand whether the conduct you experienced likely meets the legal standard, even if you are still unsure. You do not need certainty to start that conversation.